Can my landlord raise the rent mid lease?

Zascar

I moved into a really nice apartment about 3 years ago. I got it for a good price then, but rents have gone up quite a bit since then. The good thing is that for some reason my lease is a 4 year term. However today I got an email from my letting agent saying they want to put the rent up by €150 per month.

I assumed they cannot put the rent up since I am in this lease, is this true? Now About 18 months ago My flatmate moved out so I got a new flatmate and the new guy had to sign a lease too. I'll have to check exactly, but under these circumstances, can I say no?

murphaph

If your fixed term lease really is 4 years (that would be unusual in Ireland) then no, the rent is what it says in the lease until the lease expires.

Zascar

Ok sorry my mistake - it actually says "Term, one year" but it mentions 4 years in several other places. I assume it means that the lease rolls over and lasts for 4 years. So the lease strictly ended in Sept 2012 - is it then when he has to notify me of a rent increase or can he do it now since the original 12 months is up? Can I tell him no since its mid-term now?

Thanks for your help

Avns1s

What does it say in the lease about rent reviews? These would normally be annual.

murphaph

If your lease was 12 months and it rolled over into a part IV month to month tenancy (what it sounds like and what is quite common) then he can increase the rent in line with market rates now, assuming he hasn't reviewed the rent in the last 12 months (which he hasn't if I understand you correctly)

Michael D Not Higgins

They must also give 28 days notice of when the rent will increase. If the increase is in line with market rates just count yourself lucky that you've gotten a good deal up until now.

djimi

Avns1s wrote: »

What does it say in the lease about rent reviews? These would normally be annual.

The lease doesnt have to say anything about rent reviews in fairness (and if it does then chances are it doesnt mean anything legally).

whomitconcerns

short answer as others have said is "Yes he can" providing its to adjust to market rates.

Daith

whomitconcerns wrote: »

short answer as others have said is "Yes he can" providing its to adjust to market rates.

What's the market rate? Is it what other properties are going for or if a landlord can get someone to move in at his increased rent?

djimi

Daith wrote: »

What's the market rate? Is it what other properties are going for or if a landlord can get someone to move in at his increased rent?

Its defined as the rate at which a new tenant would be willing to let the property for.

Realistically speaking, you go on Daft and take an average of the asking prices for similar properties in the area. The asking price might be a little higher than the actual rental price, but chances are its not going to be out by more than €50, which wouldnt be enough to sway a PRTB hearing I wouldnt have thought.

Michael D Not Higgins

Daith wrote: »

What's the market rate? Is it what other properties are going for or if a landlord can get someone to move in at his increased rent?

What someone will pay, which is what the advertised rate is now, since the market is in high demand. Look at similar properties in the area on daft for an idea. Take into account if your flat is larger, has an extra bathroom or that kind of thing.

Daith

djimi wrote: »

Its defined as the rate at which a new tenant would be willing to let the property for.

Realistically speaking, you go on Daft and take an average of the asking prices for similar properties in the area. The asking price might be a little higher than the actual rental price, but chances are its not going to be out by more than €50, which wouldnt be enough to sway a PRTB hearing I wouldnt have thought.

Ok, lets say my Landlord decides to put up the rent by €100. I challenge it as it should only go up by €50 based on other nearby properties. Goes to PRTB

Landlord shows that he received 300 odd enquiries about the place which would prove he could let for a higher price and is the market rate? Would that be right?

djimi

Daith wrote: »

Ok, lets say my Landlord decides to put up the rent by €100. I challenge it as it should only go up by €50 based on other nearby properties. Goes to PRTB

Landlord shows that he received 300 odd enquiries about the place which would prove he could let for a higher price and is the market rate? Would that be right?

If they can show that then yes, I would imagine that would suffice.

If demand is that high though then chances are a simple search on Daft will tell you exactly what the market rate is.

Daith

djimi wrote: »

If they can show that then yes, I would imagine that would suffice.

If demand is that high though then chances are a simple search on Daft will tell you exactly what the market rate is.

True it's just the lack of rental units around me makes it hard to figure out the average.

drumswan

So does the PRTB rent index not come into it?

djimi

drumswan wrote: »

So does the PRTB rent index not come into it?

In theory it does, however its far too general to be of any real use. I have looked at it, and according to the index my property is worth at least €150 less than it would go for if put back on the market.

Zascar

I've gone back and asked for a €100 raise, hopefully they will agree. I did not say anything about the PRTB index but i check it and its basically at what I'm paying now. My apartment is very high spec though. You are right I am lucky to get away with it this long. Rent seem to have gone bananas.

odds_on

murphaph wrote: »

If your lease was 12 months and it rolled over into a part IV month to month tenancy (what it sounds like and what is quite common) then he can increase the rent in line with market rates now, assuming he hasn't reviewed the rent in the last 12 months (which he hasn't if I understand you correctly)

I know what a Part 4 tenancy is and I know what a month to month tenancy is, but I fail to be able to combine the two together.

Can you explain, please?

djimi

There is no such thing as a month to month tenancy, is there? Unless you have a situation where someone signs a new lease every month...

runawaybishop

Probably just means a rolling tenancy, i.e part 4.

odds_on

djimi wrote: »

There is no such thing as a month to month tenancy, is there? Unless you have a situation where someone signs a new lease every month...

When no fixed term has been agreed and a tenant has been living in the property for less than six months, then this would be a month to month agreement as the tenant has not acquired Part 4 rights. After the six month mark the tenancy becomes a Part 4 tenancy.

The laws are different for a notice of termination prior to a tenant acquiring Part 4 rights.

djimi

I get what youre saying alright. Its not really a month to month as such; more so a tenancy that just so happens to have a 28 day notice period for both parties.

I dont really like hearing people talking about a month to month tenancy; it gives landlords and tenants the bad idea that such a thing exists (outside the first 6 months of a tenancy).

odds_on

djimi wrote: »

I get what youre saying alright. Its not really a month to month as such; more so a tenancy that just so happens to have a 28 day notice period for both parties.

I dont really like hearing people talking about a month to month tenancy; it gives landlords and tenants the bad idea that such a thing exists (outside the first 6 months of a tenancy).

Exactly.

And the term "rolling" in the RTA 2004 refers only to Further Part 4 tenancies and not to a Part 4 tenancy unless it is to prevent a Part 4 rolling into a Further Part 4 tenancy. The word "rolling" only appears twice in the Act.